What Are Members of Congress Saying on Public Charge?

NETWORK will be updating this page with the latest statements.

“Such a rule would essentially force families, including those with U.S. citizen children, to choose between getting the help they need to prosper — from crucial programs that provide medical care, food assistance, housing assistance, and early childhood education — and reuniting with those they love. These are not the ideals of our country and we urge the Department to reconsider this ill-advised proposal.”-Letter to Kirstjen M. Nielsen and Mick Mulvaney signed by 85 Members of Congress.

“What will the Trump Administration do next? Since day one, we have witnessed a series of attacks by the administration targeting immigrant communities around our nation. This latest back-door attempt to leverage public health and efforts to deny legal immigration benefits, seeks to circumvent Congress and ultimately restrict family reunification. This ill-advised proposal will make it difficult for individuals seeking legal entry or permanent residency in the United States to care for their family through the use of social services that they are legally entitled to use. This rule fails to uphold the values of our nation and will force individuals to choose between putting food on the table for their children and being granted legal status.” –Rep. Adriano Espaillat (NY-13).

“Let’s be clear— current law already prevents the vast majority of immigrants from accessing Federal means-tested public benefits. That’s not what this proposed rule is about. This is about denying immigration benefits and keeping families apart. It would essentially force families, including citizen children, to choose between getting the help they need—like medical care or Head Start—and reuniting with loved ones. This rule will not only harm immigrant families, it will undermine decades-long efforts to improve the health and well-being of our communities and our nation.” –Rep. Zoe Lofgren (CA-19).

“The Trump administration’s proposed ‘public charge’ rule is a dangerous attack on immigrant families. For centuries, immigrants fleeing economic hardship, persecution, and violence have found opportunity in our country to do what is best for their families. This proposal imperils that ability and forces immigrant families to make the tragic decision between basic necessities and their future in our country. I urge the Trump administration to rescind this heartless proposal, cease its baseless attacks on immigrant communities, and stop inserting nativist principles into policies that directly contradict American values.” – Rep. Raúl M. Grijalva (AZ-03).

What American Dream? The Dangers of the Proposed Republican Public Charge Rule

At the heart of the American experience lays the dazzling idea of the American Dream. We profess the dream proudly, holding it as a symbol of our nation’s deepest values: acceptance, equal opportunity, and prosperity achieved through hard work. Yet, how can we profess this to be true if not everyone is given an equal chance to prosper and if we penalize people for utilizing the very programs that are designed to help them get ahead?

On March 28, 2018 the Washington Post relayed the latest update on the proposed public charge rule, which could change the process for immigrants seeking legal residency. The draft of this change has not been formally published and is currently being reviewed by the Office of Management and Budget for approval. This proposed public charge rule demonstrates another attempt by the Trump administration to restrict family-based immigration and cut off access to public benefits that help families meet their basic human needs. Yes, this rule, if it comes to pass, would apply to families who have come to the United States legally in search of a better life. These are the people who have gone through the system and as our Republican friends like to say patiently “waited their turn in line” to obtain green cards. These are the families and individuals who would be penalized if this proposed rule comes to fruition.

So what exactly does public charge entail? Under the proposed draft, individuals would be required to indicate their reliance – and for the first time any family members’ reliance – on public aid programs such as the Supplemental Nutrition Assistance Program (SNAP), housing assistance, the Children’s Health Insurance Program and even refundable tax income credits obtained through the Earned Income Tax Credit (EITC). People who depend on these programs, or who have children who rely on them, could potentially be derailed on their path to a green card or even deported. The draft regulation penalizes those applying for lawful permanent resident status if they have big families and if they have limited income. This would be particularly harmful to mixed-status families with U.S. citizen children where parents will have to decide whether their child should use programs like Medicaid or school lunches if such use could lead to deportation of a family member seeking a green card.

So basically, individuals would be forced to choose between catering to their basic human needs or protecting their immigration status. If this rule passes it will have a deleterious effect on families. It would separate families who rely on public aid and increase the risk of falling into poverty for those who do not enroll in public aid programs for fear of being forced to abandon family reunification. An article in the Huffington Post estimates that this proposal puts 670,000 children at risk of falling into poverty. While there is bipartisan consensus that our nation’s children should have access to food, healthcare, and other basic necessities, this rule threatens to upset the balance completely.